Cop cleared in Marina Village shooting

Michael P. Mayko

Updated 12:06 am, Wednesday, January 16, 2013

HARTFORD -- After a five-day trial and seven years of speculation marked by marches, demonstrations and Freedom of Information hearings, a now-retired Bridgeport police officer has been cleared of any wrongdoing in the death of a 24-year-old man after a foot chase in Marina Village.

Shortly after noon Tuesday, an eight-member jury informed U.S. District Judge Vanessa L. Bryant it had determined Luis Batista, the retired cop, did not violate Raylyn George's constitutional rights by shooting him on Aug. 25, 2005.

The jury sided with the State Police investigation and the defense claim that George accidentally shot himself first in the knee and then in the head while trying to climb a fence during his getaway.

"After seven long years, Luis Batista was finally vindicated by a court of law," Bridgeport Police Chief Joseph L. Gaudett Jr. said. "For seven years, this man and this department has been living under this cloud. He knew he did nothing wrong. We knew he did nothing wrong."

"Officer Batista is thrilled to receive the jury's verdict," added Deputy City Attorney Arthur Laske, who successfully represented Bridgeport against claims the city negligently trains, investigates or disciplines its officers. "This has been seven, long years of unfounded allegations against him."

During the trial, Batista, who was represented by Elliot Spector, testified he fired three shots at George and initially believed he shot the man. Batista said he was shaken when he found George bleeding profusely from a head wound while kneeling near a fence on Park Terrace.

Shortly thereafter, Batista washed his hands and changed his clothes. Police reported they found no gunshot residue.

That, and the initial finding that George died as a result of a police homicide, led Burton Weinstein, a civil rights attorney, to believe "this gave the unavoidable impression there was something to cover up." Weinstein turned to the state Freedom of Information Commission to force the city to release its reports on the shooting.

The shooting also set off a series of demonstrations and protest marches by minority activists who demanded action against the officers involved. The Greater Bridgeport NAACP demanded a federal probe. It got even dicier seven months later when the State Police issued a report concluding George accidentally killed himself.

That report, based on forensic evidence, ballistic tests and witness interviews, determined that George accidentally shot himself in the knee while attempting to scale a 4-foot fence. As George fell forward still holding the gun, the report said, he attempted to pull himself over the fence, but in the process discharged the gun again.

This time, the bullet struck George above the right ear and killed him.

Eventually, Weinstein and Tina D'Amato brought a $10 million lawsuit against Batista, Police Officer Hugh Tobin, two unnamed officers and the city.

But in 2011, Bryant dismissed the claims against Tobin and the two officers. Last week, Weinstein withdrew his claim against the city, which left Batista as the only defendant.

"There was never any factual basis for the claims against the city," Laske said.